Judge orders Tribune to turn over notes about Cellini juror

December 13, 2011|By Stacy St. Clair, Chicago Tribune reporter

A federal judge ordered a Chicago Tribune reporter on Monday to turn over notes and other related documents concerning a juror who apparently concealed her criminal record in the William Cellini trial, a directive the newspaper called "unnecessary" and harmful to the independence of the reporting process.

The newspaper is considering its options, Tribune Editor Gerould Kern said in a statement.

Cellini, a Springfield power broker whose high-profile trial was the last from a federal probe that snared former Gov. Rod Blagojevich and several top advisers, was convicted last month of attempting to extort a Hollywood producer who wanted to keep his lucrative business with the state. Cellini's lawyers are seeking a new trial based in part on revelations in a Nov. 11 Tribune story that one of the jurors failed to disclose that she had two previous felony convictions.

During a brief hearing last week, U.S. District Judge James Zagel brought up the idea of compelling the Tribune to turn over its notes from a conversation with the juror before any of the lawyers in the case even raised the issue. The judge identified the juror in Monday's ruling as Candy Chiles.

The defense argues that the Chicago woman compromised the verdict by concealing her criminal history and potential bias during jury selection. In an effort to bolster their position, Cellini's lawyers sought access to notes of Tribune reporter Annie Sweeney from a brief interview with Chiles.

In his ruling issued late Monday, Zagel ordered that Sweeney "produce any and all notes, memoranda, tape recordings, documents, or other records, from Oct. 3, 2011, to present, of any conversations the journalist had with the juror" related to her previous criminal history or answers during jury selection.

Cellini's attorneys could not be reached Monday for comment.

The Tribune filed a motion Monday morning suggesting the subpoenas were a fishing expedition and saying Cellini's lawyers should instead question the juror, other jurors in the case, co-workers, neighbors, friends and family.

"Subpoenas to journalists should be a last resort in exceptional cases — not an automatic first step," the newspaper's lawyers wrote.

Zagel rendered his decision hours later without hearing arguments in the matter as the newspaper had requested.

Kern did not indicate in his statement whether the Tribune would appeal. Though Illinois law provides fierce protections of reporters' notes and documents, federal courts have not always agreed that the First Amendment protects journalists from being compelled to turn over their unpublished work product.

"Journalists must be free to ask questions and collect information secure in the knowledge that their notes will not be seized by the government or litigants in court and used for other purposes," Kern said. "Unfortunately, that security now is threatened by this ruling."

The subpoenas require that the documents be turned over Wednesday morning. Zagel, who oversaw both the Cellini and Blagojevich trials, has said he will hold an evidentiary hearing into whether Cellini deserves a new trial because of the juror's failure to reveal convictions for crack-cocaine possession in 2000 and aggravated driving under the influence in 2008.

Legal experts have said the controversy over the juror's criminal past could have been avoided if the court had performed background checks before jury selection — a point Kern also raised in his statement.

"We do not know why this juror's record or suitability for service were not ascertained earlier by the court," he said. "Had that occurred, we might not face this situation now."